Wills, powers of attorney and probate
Most estate planning problems arrive before death. After a stroke or a dementia diagnosis, nobody can sell the house to fund care or make a treatment decision. An enduring power of attorney and an appointment of enduring guardian cover that.
What we do here
- Making or updating a will
- Enduring power of attorney and guardianship
- Testamentary trusts and blended families
- Probate and letters of administration
- Family provision claims
What it costs
Estate work starts at $1,500. Probate filing fees are set by the Supreme Court on a scale by estate value, change from time to time, and are additional.
Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.
Questions people ask
Rarely. A will operates only after death. An enduring power of attorney and an appointment of enduring guardian operate while you are alive and continue after capacity is lost.
Twelve months from the date of death: s 58(2) of the Succession Act 2006 (NSW), unless the court otherwise orders on sufficient cause, or the parties consent.
Not unless it is paid to your estate. Superannuation is dealt with by a binding death benefit nomination to the fund.
Not always. Anything held as joint tenants passes to the survivor and never forms part of the estate: for land that is a notice of death, not a grant. Banks and share registries set their own thresholds and will often release a small holding without probate. But land the deceased held alone, or as a tenant in common, cannot be transferred without a grant.
Guides on this
What's happened?
Not sure where you stand?
The assistant works out the area of law and whether a time limit is running, then sends it to the solicitor the same day.